Garrett v. State

GIVAN, Judge.

A jury trial resulted in the conviction of appellant of Murder, for which he received a sentence of forty (40) years enhanced by thirty (80) years by reason of his status as a habitual offender.

The facts are: In the early morning of August 9, 1989, Ollie Robinson and his younger brother, Timmy Robinson (the victim in this case), were "out getting high" on cocaine. In order to raise more money to purchase cocaine, the brothers packaged flour and sold it to others as cocaine.

Some time later that morning, near 28rd Street and College Avenue, the brothers were approached by a man…